The Council of Statutory Guarantees of Catalonia, the body that advises on whether proposed laws comply with the Constitution and Catalonia’s Statute of Autonomy, has found that a bill targeting speculative home purchases is incompatible with both legal frameworks.

The opinion is not binding, but it puts the proposed restrictions in doubt for residents, prospective buyers and landlords in high-demand areas. The bill would have allowed local councils to limit how certain homes could be used after purchase, requiring them to become a main residence or a long-term rental at regulated prices.

The report was requested by the PP and Junts and was issued on Tuesday, according to published reporting on the council’s opinion.


In its seven-point resolution, the council found that the draft did not provide the legal certainty and predictability required for restrictions of this kind.

  • It identified conflicts with property rights, inheritance rights and freedom of enterprise.
  • It said the proposal lacked the constitutional clarity required for limits on the use of privately owned homes.
  • It said the Consell de los Gobiernos Locales, the Council of Local Governments, had not been consulted during the legislative process as required.

The council recommended opening an amendments period. The proposal had been fast-tracked in the Catalan Parliament earlier this month with support from the governing coalition and Comuns, while Junts, PP, Vox and Aliança Catalana opposed it.


PP signals possible Constitutional Court challenge

The PP welcomed the opinion and said it regarded the measure as excessive regulation presented as urban planning. The party said it would challenge the legislation before the Constitutional Court if the government proceeds with it.

The council’s opinion does not itself stop the bill, but legislators have been advised to amend it before further parliamentary consideration.


Reported by Source Text Link, russpain.com, pollar.news, Pere Tordera, Alberto Paredes / Europa Press, Arturo Puente, Àngels Piñol, 20minutos |, EP.